Case Study

Case Study: Overcoming Challenges in Obtaining a Fiancé Visa and Green Card Amidst COVID-19

Background:
During the COVID-19 pandemic, our firm was approached by a client seeking legal assistance for her husband’s immigration process. The client, a U.S. citizen, was married to a Bhutanese national who was approximately ten years younger than her. Due to religious beliefs, her husband was unable to disclose their marriage to his relatives in Bhutan, adding complexity to their case.

Challenges Faced:

  1. Strict Travel Restrictions: Bhutan had implemented stringent travel restrictions due to the pandemic, making it extremely difficult for her husband to travel to the U.S.
  2. Visa Processing Delays: Given the global slowdown in immigration services, processing times were significantly prolonged.
  3. Conditional Green Card Approval: The couple needed to navigate the conditions imposed on the green card issued after their marriage.

Legal Strategy and Process:

  1. Fiancé Visa Application: To bring her husband to the U.S., we applied for a K-1 fiancé visa on his behalf. This allowed him to enter the U.S. and marry the petitioner within 90 days of arrival.
  2. Adjustment of Status & Green Card Approval: Following the marriage in 2020, we successfully filed for adjustment of status, obtaining his conditional green card.
  3. Overcoming Travel Restrictions: We provided legal guidance on travel exemptions and alternative routes, ensuring compliance with Bhutan’s regulations while facilitating his travel to the U.S.
  4. Removal of Conditions on Green Card: After the mandatory two-year period, we submitted a petition to remove conditions on his green card, demonstrating the legitimacy of their marriage. The removal of conditions was approved, granting him permanent resident status.

Outcome:
Despite the unprecedented delays caused by the pandemic, our firm successfully navigated the complex legal landscape. The entire process, initiated in 2020, took approximately four years due to COVID-related disruptions. Ultimately, we secured the fiancé visa, facilitated the client’s marriage, and obtained an unconditional green card for her husband.

Conclusion:
This case highlights the importance of legal expertise in overcoming immigration hurdles, especially during crises like COVID-19. Our firm remains committed to providing strategic legal solutions tailored to our clients’ unique circumstances, ensuring successful outcomes even in challenging situations.